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1 Drugs and Alcohol Sample 1 of This is a sample section out of a personnel policy manual prepared by COR TECH. As shown, the exact text of the handbook is included in the manual (see bracketed, doubly indented text). In several instances, (as illustrated in this section), the handbook text is followed by applicable operating and/or administrative practices and procedures. Drugs and Alcohol It is the position of the company that persons who use, possess, transfer, sell, distribute, or manufacture illegal drugs, or who abuse the use of prescription drugs or alcohol, are a negative influence on the workplace and create a safety, health, and general employment risk. Therefore, it is not permissible for any employee to: A. Consume, sell, distribute, or manufacture illegal drugs on or off the job. B. Be on the premises, on duty, or in operation of a company vehicle: 1. While in possession of alcohol, illegal drugs, or drug-identified paraphernalia; 2. With alcohol or illegal drugs in one's system (including prescription drugs obtained illegally); 3. With prescription or over-the-counter drugs in one's system in excess of prescribed levels and/or at any level that may pose a direct threat to the health and/or safety of the employee or others; or 4. While otherwise mentally or physically impaired to any degree by any other foreign substance. Drug and Alcohol Testing: In addition to pre-employment testing, management may require any employee to submit to a drug and/or alcohol test when: 1) there is reasonable suspicion of drug or alcohol involvement in violation of this policy; 2) an employee incurs or causes a work-related injury that, in the sole opinion of management, is of a serious nature; or 3) an employee is involved in a collision of any type while operating a company vehicle at any time, or any other vehicle while on the premises. A test positive, adulterated or substituted sample, or refusal to submit to any such test may result in termination of employment. Search: To control the possession, use, transfer, and/or distribution of illegal drugs or alcohol, management may, at any time with or without announcement, conduct or direct a comprehensive search and/or inspection of the premises; also see Search and Inspection under SECURITY. Items discovered in a search may be taken into custody and turned over to law enforcement authorities. Disciplinary Action: Employees who engage in a prohibited activity as defined by this policy may be subject to disciplinary action up to and including immediate discharge. Violation of criminal statutes may result in referral of the matter to law enforcement authorities. This text is provided for illustrative purposed only. The actual text of your personnel policy manual will be drafted by COR TECH in order to comply with your practices and with the federal and/or state laws that apply to your organization. DEFINITIONS Drug: A drug is any controlled substance (substances subject to federal or state regulations as to manufacture, distribution, sale, and use other than alcohol) capable of altering the mood, perception, pain level, or judgment of the individual consuming it. Illegal drugs are those controlled substances that may not be legally sold under federal, state, or local laws. Prescription drugs are any substances that must be prescribed by a licensed physician before being consumed. Alcohol: Alcohol is any beverage containing any alcoholic content. Foreign Substance: A foreign substance is any other substance not listed above (e.g., glue, paint, etc.) capable of altering the mood, perception, pain level, or judgment of the individual consuming it.

2 Drugs and Alcohol Sample 2 of Substance Abuse: Substance abuse includes the illegal use of any drug (including improper use of legally prescribed medications), use of alcoholic beverages by persons not permitted by law to consume such beverages, and/or any unlawful use, possession, transport, dispensation, distribution, sale, purchase, consumption, or manufacture of any drug subject to federal and state regulations as to its manufacture, distribution, sale, and use. Substance abuse also includes the use of any mood altering substance (drug, alcohol, or other foreign substance) by a chemically-dependent person and/or the use of any such substance in such quantities as to impair the user's mental or physical ability to perform required functions. Under the Influence: The term under the influence can mean: 1) having illegal drugs in one's system or testing positive for the presence of any illegal drug or 2) being mentally or physically impaired to any degree by alcohol, prescription drugs, or other foreign substance. CONSENT AND RELEASE In every event of a required drug and alcohol test, a Consent and Release Drug and Alcohol Test (Form P-965) is to be completed and signed by the employee/applicant prior to completion of the test. ADVICE OF LEGAL COUNSEL Prior to conducting a formal search, requiring an employee to submit to a drug or alcohol test, terminating an employee suspected of drug or alcohol involvement, or taking other disciplinary action, an opinion as to the appropriateness of the action may be reviewed with the company's legal counsel. DRUG/ALCOHOL TESTS Applicability: Within the purpose and scope of eliminating health, safety, and general employment risks, drug and/or alcohol tests may be required for reasons including, but not limited to the following (refusal to submit to any such test, or a test positive or adulterated or substituted sample may result in termination of employment or withdrawal of an offer of employment):! PRE-EMPLOYMENT: As a condition of employment, applicants who are offered employment with the company will be required to submit to a test for use of illegal drugs. Acceptable results must be received BEFORE the individual begins work or is placed on the payroll.! REASONABLE SUSPICION: At the sole discretion of management, for reasonable suspicion of drug or alcohol involvement in violation of company policy (see Advice of Legal Counsel above for advisory input; also see Drug and Alcohol Testing on page 1 of this section).! VEHICLE ACCIDENTS: At the time any employee is involved in an accident or collision of any type while operating a company (on or off the premises), or any vehicle while on the premises.! INDUSTRIAL INJURIES: The injured and/or causing employee (if different) of any on-the-job injury or illness that, at the sole opinion of management, is of a serious nature (ordinarily resulting in transport or referral to a medical treatment facility; on-site first-aid-only cases may be excepted). The absence of a drug and/or alcohol test in any of the above instances does not presume that there is no real or reasonable suspicion of violation of the company's drug and alcohol policy, nor does it create a precedent for testing or not testing in the event of any other incident involving the same or any other employee. Procedures: All drug and alcohol tests must be conducted by a clinic appointed by the company; results are measured against preestablished standards set in collaboration with the clinic. The clinic will be required to perform a second confirming procedure on a split sample in any case of an initial test positive. No positive result is to be reported to the company until the split sample is tested. If the split sample procedure also results in a test positive, the applicant/employee may request an additional test of an equal or more extensive method to disprove the results of the initial and split sample confirmatory tests. Unless otherwise required by applicable law, any such additional test shall be produced at the expense of the applicant/employee.

3 Drugs and Alcohol Sample 3 of CONFIDENTIALITY Employee Records: Information concerning a problem or potential problem related to an employee's use or abuse of drugs or alcohol, or to related medical problems including prescribed medications, is considered a part of the employee's medical record and is CONFIDENTIAL. Except as may be required by law or on a need-to-know basis, no employee, supervisor, or other member of management should discuss or otherwise divulge any such information. Only those persons who need to know the information in order to assure correct medical treatment, a safe work environment, or proper implementation of the company's drug and alcohol policy should be informed of such matters. Searches: Searches should be conducted as confidentially as possible and with the greatest amount of respect for individual rights of privacy. Persons conducting searches, however, should refrain from making any statement or allowing any unnecessary expectancy of privacy by employees (including reference to personal belongings stored in desks, lockers, etc.). See Searches in Section REHABILITATION Rehabilitation is the personal responsibility of the employee. Employees seeking help for alcoholism or drug abuse problems may be entitled to benefits under the company's group insurance plan if such benefits are provided by the currently applicable plan. To the extent required by applicable federal or state law, reasonable accommodation in the form of unpaid time off may be made to those employees who enroll in formal treatment programs. Any employee on leave of absence to attend a treatment program may be required to prove, at a frequency determined by management, that he/she is continually enrolled and actively participating in the treatment. SYMPTOMS OF SUBSTANCE ABUSE Although deteriorating performance is often the most visible sign that a person may have a problem with alcohol or drugs, frequently there are other symptoms (these are common symptoms only; they are not necessarily instances of proof): 1. Unpredictable performance some days are good and some days are very bad. 2. Nervousness, irritability, excessive talkativeness or trouble sitting still. 3. Absenteeism or tardiness, especially unusual absenteeism, such as going out for lunch and reporting off ill in the afternoon, unexcused absences occurring at random, or patterned absence. 4. Changing moods, such as being quiet and apparently depressed in the morning and boisterous and happy after lunch. 5. Frequent long meal breaks. 6. Overreaction to real or imagined criticism. 7. Explaining poor performance by frequently complaining of illness. 8. Hand tremors, poor muscle control, or unsteady gait. 9. Avoiding face-to-face contact with persons in authority. 10. Legal, financial, and/or familial problems off the job or off the premises, such as divorce, separation, garnishment, and arrests for driving under the influence. 11. Accidents or near-accidents, especially where the accident can be attributed to inattention or poor coordination. 12. Errors in judgment. Changes in a person's physical appearance also can provide evidence of substance abuse: 1. Deterioration in personal grooming. 2. Bloodshot or dull eyes with dilated pupils. 3. Increased physical injuries such as burns or bruises. 4. An appearance of sleepiness. 5. Constant runny nose. 6. Euphoria, depression, or detached attitude.

4 Drugs and Alcohol Sample 4 of Impaired, short-term memory or illogical thinking. 8. Slurred speech. The above symptoms normally apply equally to drug and alcohol abuse. Alcohol abuse also may result in: 1. Excessive use of breath purifiers, mints, or other candies with odor-masking flavors. 2. Physical indications of recent consumption of alcohol, such as an odor of alcohol on the breath and/or a flushed face. Caution is recommended in deciding if the presence of one or more of these symptoms may indicate substance abuse. It must be remembered that any of the above symptoms may be caused by problems unrelated to drug or alcohol abuse. Where there is doubt, documentation should be made of the symptoms observed; recommendation may be made that the person seek evaluation. If, however, there is substantial reasonable suspicion to believe an employee is currently abusing drugs or alcohol in violation of the company's policies, the employee may be required to submit to testing as described above. SUPERVISORY PRACTICES AND ENFORCEMENT Immediate Problems: Where there is reasonable suspicion to believe that an employee is under the influence of drugs or alcohol in violation of the company's drug and alcohol policy, management should act immediately: 1. If there is reason to believe an employee presents a safety hazard to self, co-workers, other persons, or property, the employee must be removed from the area of hazard as quickly as is practical. 2. All circumstances and observations that give rise to the suspicion that an employee may be in violation of the policy, including witness statements where available, should be thoroughly documented. 3. Meet with the employee in private and obtain the employee's explanation of the situation if possible. 4. If investigation indicates a reasonable suspicion of substance abuse in violation of the policy, advise the employee that he/she is required to submit to substance abuse testing and that refusal may result in termination. 5. Assure that the testing facility is notified and that the employee is transported to and from the facility. 6. In removing an employee from a perceived hazard area and in transporting an employee to and from testing, or in sending an employee home after testing or if testing has been refused, no employee should be allowed to operate a motor vehicle if believed to be impaired. Similar procedures should be followed by supervisors in investigating work-related accidents and safety violations where the incident under investigation may have been due to employee drug or alcohol impairment. Continuing Problems: When substance abuse of a less immediate nature is suspected, management should: 1. Gather all available documentation of poor performance. 2. Document observed symptoms of substance abuse and firsthand verifiable information about such abuse. 3. Present information to the employee using specific dates and describing how performance has been unsatisfactory. 4. Where there is reasonable suspicion of drug or alcohol abuse in violation of the company's policies, require substance abuse testing as applicable. 5. Explain exactly what improvement is expected and the consequences if improvement is not made by a specific date. 6. Suggest evaluation, counseling, and/or treatment when appropriate. 7. Closely monitor performance and review status on the date specified for improvement to be made. 8. MAINTAIN CONFIDENTIALITY.

5 Drugs and Alcohol Sample 5 of What to Avoid: It must be kept in mind that a chemically-dependent person is likely to be an expert on the use of alcohol and/or drugs and may have substantial experience in denying his/her chemical dependency. The person may attempt to avoid his/her problem by blame-shifting and seeking sympathy. Supervisors SHOULD NOT: 1. Allow an employee being counseled about substance abuse to shift focus from the poor performance at issue. 2. Excuse poor performance, misconduct, policy violations, absenteeism, or tardiness. 3. Argue the pros and cons of using drugs and/or alcohol. Limitations: In the administration of this policy, the following limitations should be observed: 1. Physical force should not be used with an employee suspected of violating the policy. 2. Body cavity searches should not be conducted, even if an employee consents. 3. A witness, including non-management personnel, should be present during all search activities. 4. An employee's desk, locker, vehicle, or other personal property ordinarily should not be searched without the employee being present.

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